{"id":"nsw:sl-2024-0375","name":"Children (Protection and Parental Responsibility) Regulation 2024","slug":"children-protection-and-parental-responsibility-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"375 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174244,"registerId":"nsw-sl-2024-0375-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Children (Protection and Parental Responsibility) Regulation 2024](/view/html/inforce/current/sl-2024-0375).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Children (Protection and Parental Responsibility) Regulation 2019](/view/html/repealed/current/sl-2019-0382), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Children (Protection and Parental Responsibility) Act 1997](/view/html/inforce/current/act-1997-078).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Parental responsibility—the Act, s 46(1)","content":"# Part 2 Parental responsibility—the Act, s 46(1)\n\nPart 2 Parental responsibility—the Act, s 46(1)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Enforcement of undertakings","content":"#### 4 Enforcement of undertakings\n\n4 Enforcement of undertakings\n\n> A court may use information available to the court that the court considers reliable to determine whether a parent or child must attend before the court for failing to comply with an undertaking under the Act, Part 2.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Forfeiture of security for undertakings","content":"#### 5 Forfeiture of security for undertakings\n\n5 Forfeiture of security for undertakings\n\n> A court must not forfeit part of the security given by a parent under the Act, section 9 unless—\n> \n> > (a) the parent is present before the court and has an opportunity to be heard, or\n> \n> > (b) a notice to show cause why the security should not be forfeited is given personally or by post to the parent and the parent has had an opportunity to show cause.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Refund of security for undertakings","content":"#### 6 Refund of security for undertakings\n\n6 Refund of security for undertakings\n\n> A person who gives security under the Act, Part 2 must be refunded the security at the end of the period of the undertaking unless it appears to the court, from information available to the court at the end of the period, that the person has failed to comply with the undertaking.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Counselling","content":"#### 7 Counselling\n\n7 Counselling\n\n> > (1) Before a court requires a person to undergo counselling under the Act, Part 2, the court must—\n> > \n> > > (a) identify an appropriate professional counsellor or body with counselling facilities to provide the counselling, and\n> > \n> > > (b) ascertain from the counsellor or a person representing the body whether the counsellor or body—\n> > > \n> > > > (i) is able to provide the counselling, and\n> > > \n> > > > (ii) consents to being nominated by the court as the provider of the counselling, and\n> > \n> > > (c) determine whether—\n> > > \n> > > > (i) the person must pay a fee in relation to the counselling, and\n> > > \n> > > > (ii) if a fee is payable—the person has the financial capacity to pay the fee or is eligible for government assistance for the fee.\n> \n> > (2) A court must not require a person to undergo counselling if, in the court’s opinion, the person would suffer undue financial hardship as a result of undergoing the counselling.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Welfare of children in public places","content":"# Part 3 Welfare of children in public places\n\nPart 3 Welfare of children in public places","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Departmental protocols—the Act, s 26(2)","content":"#### 8 Departmental protocols—the Act, s 26(2)\n\n8 Departmental protocols—the Act, s 26(2)\n\n> > (1) The Commissioner of Police and the Secretary of the Department of Communities and Justice may enter into protocols in relation to the exercise of functions conferred on police officers and other persons under the Act, Part 3.\n> \n> > (2) A protocol—\n> > \n> > > (a) is subject to the Act and this regulation, and\n> > \n> > > (b) may be amended, revoked or replaced from time to time.\n> \n> > (3) A police officer or other person on whom a function is conferred under the Act, Part 3 must exercise the function in conformity with a protocol as far as practicable.\n> \n> > (4) A failure to comply with a protocol does not invalidate an act or omission done by the police officer or person.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Records—the Act, s 46(2)(c)","content":"#### 9 Records—the Act, s 46(2)(c)\n\n9 Records—the Act, s 46(2)(c)\n\n> > (1) A police officer who removes a person from a public place under the Act, Part 3, Division 2 must make a record of the following particulars—\n> > \n> > > (a) if known to the officer—the person’s name and age,\n> > \n> > > (b) if the person expresses wishes or feelings in relation to the place to which the person is to be escorted under the Act, section 22—the wishes or feelings expressed,\n> > \n> > > (c) the address of the public place from which the person was removed,\n> > \n> > > (d) the reason the person was removed from the public place,\n> > \n> > > (e) if the officer arranges for another police officer to escort the person under the Act, section 19(2) or 22(1) or (3)—the name of the other police officer.\n> \n> > (2) A police officer who escorts a person (the escorted person) in accordance with the Act, section 22 must make a record of the following particulars—\n> > \n> > > (a) if the escorted person is left at the residence of the escorted person’s parent—the relevant information of the escorted person’s parent,\n> > \n> > > (b) if the escorted person is left at the escorted person’s care residence—the relevant information of the escorted person’s carer,\n> > \n> > > (c) if the escorted person is left at the residence of the escorted person’s close relative—\n> > > \n> > > > (i) the relevant information of the escorted person’s close relative, and\n> > > \n> > > > (ii) the relationship of the close relative to the escorted person,\n> > \n> > > (d) if the escorted person is left at the residence of the escorted person’s parent or close relative in the care of a person other than the parent or close relative—the relevant information of the person in whose care the escorted person is left,\n> > \n> > > (e) if the escorted person is placed in the care of the Secretary of the Department of Communities and Justice—the relevant information of the person in whose care the escorted person is left,\n> > \n> > > (f) if the escorted person is placed in the care of an approved person—the relevant information of the approved person.\n> \n> > (3) If a police officer escorts a person in accordance with the Act, section 22 and subsection (2)(a)–(d) does not apply, the police officer must make a record of the reason the person was not escorted to the locations or left with persons referred to in subsection (2).\n> \n> > (4) In this section—\n> > \n> > relevant information, in relation to a person, means the following—\n> > \n> > > (a) the name and telephone number of the person,\n> > \n> > > (b) the address of—\n> > > \n> > > > (i) for a carer—the care residence, or\n> > > \n> > > > (ii) otherwise—the residence of the person.","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Repeal and saving","content":"#### 10 Repeal and saving\n\n10 Repeal and saving\n\n> > (1) The [Children (Protection and Parental Responsibility) Regulation 2019](/view/html/repealed/current/sl-2019-0382) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Children (Protection and Parental Responsibility) Regulation 2019](/view/html/repealed/current/sl-2019-0382), had effect under that regulation continues to have effect under this regulation.","sortOrder":13}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the substantive text of the regulation was not included in the provided document. Only administrative and status metadata is present, so no comparison between original intent and final scope is possible."},"complexity_factors":["The document provided contains no substantive legislative content — only website metadata and navigation elements, making meaningful legal analysis impossible","The underlying parent Act (Children (Protection and Parental Responsibility) Act) deals with moderately complex child protection and policing powers, which could elevate complexity if the full regulation text were available","Staged repeal mechanism adds a minor administrative complexity layer","Complexity score is intentionally low because there is insufficient content to assess true legislative complexity"],"plain_english_summary":"This is a New South Wales regulation made under the Children (Protection and Parental Responsibility) Act that commenced 16 August 2024 and is due for automatic repeal on 1 September 2029. The available document contains almost no substantive legislative text, so the regulation’s specific rules and obligations cannot be assessed from it. It would likely be relevant to parents, carers, police, child protection workers and community organisations; consult the full regulation on the NSW legislation website for details."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument replaces the 2019 regulation (commencement tied to publication) while expressly preserving acts and arrangements that had effect under the prior regulation (repeal and saving). The changes are procedural and preservational rather than expanding statutory scope (see commencement and repeal/saving provisions)."},"complexity_factors":["Procedural, not substantive, changes — mainly steps and safeguards for courts and police","Cross-references to the principal Act and the Interpretation Act (affects interpretation and application)","Discretions for courts (e.g. assessing financial hardship before ordering counselling)","Record-keeping requirements for police with multiple conditional elements","Protocol-making between Commissioner and Secretary introduces inter-agency implementation dependencies","Repeal-and-save mechanism preserves existing effect while replacing the prior regulation"],"plain_english_summary":"This regulation updates procedural rules for enforcing parental undertakings, managing security payments, requiring counselling, and recording police removals of children, and it replaces the 2019 regulation. \n\nIt affects parents, children, courts, police and the Department: parents may pay security and counselling fees and can be refunded or face forfeiture only after an opportunity to be heard; courts decide counselling and fee assessments; police must follow departmental protocols and keep specified records."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment regulation that replaces the 2019 version before it expires. The scope remains limited to operational details for the parent Act: procedural rules for parental undertakings/security, counselling arrangements, and police protocols/record-keeping for child removals. There is no expansion beyond the original purpose of supporting the 1997 Act's framework."},"complexity_factors":["Short length (10 sections total)","Only 1 defined term ('relevant information' in section 9)","Minimal cross-referencing — primarily references back to the parent Act (Children (Protection and Parental Responsibility) Act 1997)","Simple conditional structure with straightforward 'unless' and 'if' clauses","No nested exceptions or highly technical provisions","Clear part structure matching the parent Act's divisions","Procedural rather than substantive — focuses on how to do things rather than creating complex legal rights"],"plain_english_summary":"This regulation sets out the practical rules for how New South Wales courts and police handle two main situations involving children: when parents break promises made to courts about their children's behaviour, and when police need to move children from public places for their safety.\n\n**What it covers:**\n\n**Parental responsibility (Part 2)**\n- When parents give a **security** (a bond or deposit of money) to guarantee they'll follow court orders about their children, this regulation explains:\n  - How courts decide if parents or children have broken their **undertaking** (a formal promise to the court)\n  - When courts can keep the security money — only if the parent gets a chance to explain themselves first\n  - When security money must be returned\n  - Rules for court-ordered **counselling**: courts must find a suitable counsellor, check they can do the work, and make sure the person isn't too poor to pay\n\n**Children in public places (Part 3)**\n- Allows the Police Commissioner and the head of the Department of Communities and Justice to make **protocols** (official agreements) about how police move children from unsafe public places\n  - Police must follow these protocols where possible, but breaking them doesn't automatically make police actions illegal\n- Requires police to keep detailed records when they remove or escort children, including:\n  - The child's name and age if known\n  - Where they were picked up and why\n  - Where the child was taken (home, relative's house, or into state care)\n  - Contact details of whoever takes responsibility for the child\n\n**Why it matters:**\nThis regulation protects vulnerable children by ensuring police handle removals properly and keep records, while also protecting parents from unfair financial penalties by requiring courts to hear their side before keeping bond money. It balances child safety with procedural fairness."}},"importantCases":[],"_links":{"self":"/api/acts/children-protection-and-parental-responsibility-regulation-2024","history":"/api/acts/children-protection-and-parental-responsibility-regulation-2024/history","analysis":"/api/acts/children-protection-and-parental-responsibility-regulation-2024/analysis","conflicts":"/api/acts/children-protection-and-parental-responsibility-regulation-2024/conflicts","importantCases":"/api/acts/children-protection-and-parental-responsibility-regulation-2024/important-cases","documents":"/api/acts/children-protection-and-parental-responsibility-regulation-2024/documents"}}